Chapter I General Provisions
first
In order to protect the legitimate rights and interests of loan companies and customers, standardize the behavior of loan companies, strengthen supervision and management, and ensure the stable operation of loan companies, these Provisions are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Law of People's Republic of China (PRC) Commercial Bank and the Company Law of People's Republic of China (PRC).
second
A loan company refers to a non-bank financial institution established in rural areas by domestic commercial banks or rural cooperative banks with the approval of China Banking Regulatory Commission according to relevant laws and regulations, which provides loan services for county farmers, agriculture and rural economic development.
The loan company is a limited liability company fully funded by domestic commercial banks or rural cooperative banks.
essay
The loan company is an independent enterprise legal person, enjoying all the legal person property rights formed by investment, enjoying civil rights according to law, and independently bearing civil liabilities with all the legal person property.
According to law, the investors of a loan company have the right to return on assets, make major decisions and choose managers.
Article 4
The loan company shall take safety, liquidity and efficiency as its operating principles, operate independently, bear its own risks, be responsible for its own profits and losses, and be self-disciplined.
Article 5
The loan company shall conduct business according to law and shall not be interfered by any unit or individual.
Article 6
The loan company shall abide by the national laws and administrative regulations, implement the national financial policies and accept the supervision and management of the banking supervision and management institutions according to law.
Chapter ii institutional setup
Article 7
The name of a loan company consists of administrative divisions, shop names, industries and organizational forms in turn, in which administrative divisions refer to the names or place names of county-level administrative divisions.
Article 8
The establishment of a loan company shall meet the following conditions:
(1) Having articles of association that meet the requirements;
(2) The registered capital is not less than RMB 500,000.00 Yuan, which is paid-in monetary capital, and shall be fully paid by the investor at one time;
(3) Having senior managers with professional knowledge and professional work experience;
(4) Having staff with corresponding professional knowledge and work experience;
(5) Having the necessary organizational structure and management system;
(6) Having business premises, safety precautions and other business-related facilities that meet the requirements;
(7) Other conditions stipulated by China Banking Regulatory Commission.
Article 9
To establish a loan company, its investors shall meet the following conditions:
(1) The investor is a domestic commercial bank or a rural cooperative bank;
(2) Its assets are not less than 5 billion yuan;
(3) Good corporate governance and sound and effective internal control;
(four) the main prudential supervision indicators meet the regulatory requirements;
(5) Other prudential conditions stipulated by the CBRC.
Article 10
The establishment of a loan company has to go through two stages: preparation and opening.
Article 11
To establish a loan company, the applicant shall submit the following documents and materials:
(1) Application for preparation;
(2) Feasibility study report;
(3) making plans;
(four) the list and resume of the preparatory personnel;
(5) An investor in the place where a non-loan company is established shall provide the balance sheet and profit and loss statement of the last two years and the written opinions of the banking supervision institution in the place where the investor is registered;
(6) Other materials as prescribed by the China Banking Regulatory Commission.
Article 12
The longest preparation period of the loan company is 6 months from the date of approval. During the preparation period, the applicant can submit an application for business opening if it meets the requirements for business opening.
When a loan company applies for starting business, the applicant shall submit the following documents and materials:
(1) An application for starting business;
(2) A report on the preparatory work;
(3) Draft articles of association;
(4) A capital verification report issued by a statutory capital verification institution;
(five) the filing materials of the proposed senior management personnel;
(six) proof of the ownership or right to use the business premises;
(seven) the certificate of safety and fire control facilities in the business premises issued by the public security and fire control departments;
(8) Other materials as prescribed by China Banking Regulatory Commission.
Article 13
The application for the establishment of a loan company shall be accepted by the banking regulatory branch or the banking regulatory bureau of the local city, and the banking regulatory bureau shall review and decide. The banking regulatory bureau shall make a written decision on approval or disapproval within 4 months from the date of receipt of complete application materials or acceptance.
The application for the opening of a loan company shall be accepted, examined and decided by the banking regulatory branch or the local city banking regulatory bureau. The banking regulatory branch or the local banking regulatory bureau shall make a decision on approval or disapproval within 2 months from the date of acceptance.
Article 14
The loan company may set up branches in the county according to the needs of business development. The establishment of a branch needs two stages: preparation and opening.
The preparatory plan for the branch of the loan company shall be reported to the supervision office for the record in advance. If there is no supervision office, it shall be filed with the banking regulatory branch or the local banking regulatory bureau. The loan company can start the preparatory work after filing the branch preparatory plan. ? The application for business opening shall be accepted, examined and decided by the branch of banking supervision or the local banking regulatory bureau, and the branch of banking supervision or the local banking regulatory bureau shall make a decision on approval or disapproval within 2 months from the date of acceptance.
Article 15
A loan company and its branches that have been approved to start business shall be issued a financial license by the decision-making organ, and shall register with the administrative department for industry and commerce with the financial license to obtain a business license.
Chapter III Organizational Structure and Management
Article 16
A loan company may not have a board of directors or a board of supervisors, but it must establish and improve the management mechanism and supervision mechanism. Investors may appoint supervisors or hire external institutions to perform supervisory functions.
Article 17
The operation and management of the loan company shall be decided by the investors themselves, and reported to the banking regulatory branch or the local banking regulatory bureau for the record.
Article 18
The articles of association of the loan company shall be formulated and revised by the investors, and submitted to the banking regulatory branch or the local city banking regulatory bureau for examination and approval.
Article 19
The board of directors of the loan company is responsible for formulating business policies and business development plans. If there is no board of directors, it shall be formulated by the management and implemented after the investors decide.
Article 20
With the approval of the banking regulatory branch or the banking regulatory bureau of the local city, the loan company may engage in the following businesses:
(1) Handling all kinds of loans;
(2) Discounting bills;
(3) Handling the transfer of assets;
(4) Handling the settlement under the loan;
(5) Other asset businesses approved by China Banking Regulatory Commission. The loan company shall not absorb public deposits.
Article 21
The working capital of a loan company is paid-in capital and loans from investors.
Article 22
Loan companies must adhere to the business purpose of serving the development of farmers, agriculture and rural economy, and the investment of loans is mainly used to support the development of farmers, agriculture and rural economy.
Article 23
Loan companies should adhere to the principle of small amount and dispersion in issuing loans, improve the coverage of loans and prevent excessive concentration of loans. The loan balance of the loan company to the same borrower shall not exceed10% of the net capital; The credit balance to a single group enterprise customer shall not exceed 15% of the net capital.
Article 24
Loan companies should strengthen loan risk management, establish scientific authorization credit system, credit management process and internal control system, enhance risk identification and management capabilities, and improve loan quality.
Article 25
The loan company shall, in accordance with the relevant provisions of the state, establish a prudent and standardized asset classification system and capital replenishment restraint mechanism, accurately divide the asset quality, fully make provision for bad debts, truly reflect the operating results, and ensure that the capital adequacy ratio is not less than 8% and the asset loss reserve adequacy ratio is not less than 100% at any time.
Article 26
The loan company shall establish and improve the internal audit system, check and evaluate the implementation of internal control, correct and improve the weak links of internal control, and ensure compliance with the law.
Article 27
The loan company implements the unified national financial accounting system for financial enterprises, and establishes and improves the financial accounting system of the loan company in accordance with the relevant provisions of the state.
Article 28
The loan company shall truly record and comprehensively reflect its business activities and financial status, and prepare the annual financial and accounting report. The investor shall employ a qualified accounting firm to conduct the audit. The audit report shall be submitted to the Banking Regulatory Bureau or the local city banking regulatory bureau for the record.
Article 29
The loan company shall submit accounting statements, statistical statements and other materials to the banking regulatory branch or the local city banking regulatory bureau, and be responsible for the authenticity, accuracy and completeness of the statements and materials.
Article 30
The loan company shall establish an information disclosure system, and timely disclose information such as annual operation and major events.
Chapter IV Supervision and Administration
Article 31
The loan company conducts business, accepts the supervision and management of the banking supervision institution according to law, and implements consolidated supervision with investors.
Article 32
Banking supervision institutions shall, in accordance with the law, implement continuous dynamic supervision over the capital adequacy ratio, non-performing loan ratio, risk management, internal control, risk concentration and related transactions of loan companies.
Article 33
The banking regulatory institution shall, according to the capital adequacy ratio and asset quality of the loan company, take the following regulatory measures in due course:
(1) If the capital adequacy ratio is above 8% and the non-performing loan ratio is below 5%, the inspection frequency may be appropriately reduced to support its steady development;
(2) If the capital adequacy ratio is lower than 8%, higher than 4% and the non-performing loan ratio is higher than 5%, it is necessary to intensify off-site supervision and on-site inspection, and urge them to replenish capital and improve asset quality within a time limit;
(3) If the capital adequacy ratio falls below 4%, or the non-performing loan ratio is higher than 65,438+05%, timely take measures such as ordering it to adjust its senior management, suspending all business, and reorganizing within a time limit;
(4) If effective restructuring cannot be achieved within the time limit and the capital adequacy ratio falls below 2%, the banking regulatory institution shall order investors to take over or cancel it in due course.
Article 34
Banking supervision institutions should check and evaluate the capital adequacy ratio, asset quality and internal control effectiveness of loan companies according to relevant laws and regulations, urge them to improve the capital replenishment mechanism, loan management system and internal control, and strengthen risk management.
Article 35
Banking supervision institutions have the right to require investors to strengthen supervision and inspection of loan companies, regularly audit their asset quality, evaluate their loan authorization credit system, credit management process and internal control system, and have the right to require investors to replenish capital according to the operation of loan companies to ensure the stable operation of loan companies.
Article 36
If a loan company violates these provisions, the banking regulatory institution has the right to take measures such as risk warning, interview, supervision inquiry, and order it to suspend business, and urge it to make timely rectification to prevent asset risks.
Article 37
If the loan company and its staff violate the laws and regulations of the state in the course of operation and management, the banking supervision and regulation institution shall punish them in accordance with the Banking Supervision and Administration Law of the People's Republic of China, the Law of People's Republic of China (PRC) Commercial Bank and other relevant laws and administrative regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 38
If the loan company and its staff are not satisfied with the punishment decision of the banking supervision institution, they may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.
Chapter V Institutional Change and Termination
Article 39
If a loan company has any of the following changes, it shall be approved by the banking regulatory branch or the local city banking regulatory bureau:
(a) change the name;
(2) Change of registered capital;
(3) Change of domicile;
(4) Amending the Articles of Association.
(5) Other changes as stipulated by China Banking Regulatory Commission.
Article 40
A loan company shall apply for dissolution under any of the following circumstances:
(1) The business term stipulated in the articles of association expires or other reasons for dissolution stipulated in the articles of association occur;
(2) The shareholders decide to dissolve.
(3) It needs to be dissolved due to division or merger.
Article 41
The dissolution of a loan company shall be carried out by its investors in accordance with the provisions of the People's Republic of China (PRC) Commercial Bank Law, the People's Republic of China (PRC) Company Law and relevant administrative regulations.
Article 42
If the loan company is terminated due to dissolution or cancellation, it shall return the financial license to the issuing authority, and timely cancel the registration with the administrative department for industry and commerce and make an announcement at the same time.
Chapter VI Supplementary Provisions
Article 43
The term "rural areas" as mentioned in these Provisions refers to the central and western regions, northeastern regions and counties (cities) and areas below counties (cities) in Hainan Province, as well as national poverty-stricken counties and provincial poverty-stricken counties and areas below counties in other provinces (autonomous regions and municipalities).
Article 44
The establishment of loan companies by foreign-funded financial institutions in rural areas shall be implemented with reference to these regulations.
Article 45
Matters not covered in these Provisions shall be implemented in accordance with the Banking Supervision Law of the People's Republic of China, the Law of People's Republic of China (PRC) Commercial Bank, the Company Law of People's Republic of China (PRC) and other laws, regulations and rules.